Construction Industry Reform and Development Regulations

Administered by Department of Employment, Skills, Small and Family Business

Legislation au F2004B00344 Regulations Not in force Legislative Instrument

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Construction Industry Reform and Development Regulations

Statutory Rules 1992 No. 356 as amended

made under the

Construction Industry Reform and Development Act 1992

This compilation was prepared on 13 August 2004
taking into account amendments up to SR 1994 No. 336

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

Contents

 1 Citation [see Note 1] 

 2 Interpretation 

 3 Membership of the Council — members to represent the Commonwealth             

 4 Membership of the Council — members to represent the States and Territories             

 5 Membership of the Council — members to represent industry bodies             

 6 Membership of the Council — member to represent the Australian Council of Trade Unions             

 7 Membership of the Council — members to represent construction industry trade unions             

 8 Meetings of the Council — quorum 

 9 Entitlement of certain Board members to allowances 

 11 Reports by Agency 

Schedule 1 Industry bodies prescribed under paragraph 6 (1) (e) of the Act             

Schedule 2 Trade unions prescribed under paragraph 6 (1) (g) of the Act             

Notes   

 

 

 

 

1 Citation [see Note 1]

  These Regulations may be cited as the Construction Industry Reform and Development Regulations.

2 Interpretation

  In these Regulations:

the Act means the Construction Industry Reform and Development Act 1992.

3 Membership of the Council — members to represent the Commonwealth

  For the purposes of paragraph 6 (1) (c) of the Act, the prescribed number of members is 8.

4 Membership of the Council — members to represent the States and Territories

 (1) For the purposes of paragraph 6 (1) (d) of the Act, the prescribed number of members is 5.

 (2) The Minister must select the persons to be appointed under that paragraph:

 (a) in consultation with the governments of the States and Territories; and

 (b) on the basis of their qualifications and experience in the construction industry.

5 Membership of the Council — members to represent industry bodies

 (1) For the purposes of paragraph 6 (1) (e) of the Act:

 (a) the prescribed number of members is 10; and

 (b) the industry bodies set out in Schedule 1 are prescribed.

 (2) The Minister must select the persons to be appointed under that paragraph:

 (a) in consultation with the industry bodies set out in Schedule 1; and

 (b) on the basis of their qualifications and experience in the construction industry.

6 Membership of the Council — member to represent the Australian Council of Trade Unions

 (1) For the purposes of paragraph 6 (1) (f) of the Act, the prescribed number of members is 1.

 (2) The Minister must select the person to be appointed under that paragraph:

 (a) in consultation with the Australian Council of Trade Unions; and

 (b) on the basis of the person’s qualifications and experience in the construction industry.

7 Membership of the Council — members to represent construction industry trade unions

 (1) For the purposes of paragraph 6 (1) (g) of the Act:

 (a) the prescribed number of members is 7; and

 (b) the trade unions set out in Schedule 2 are prescribed.

 (2) The Minister must select the persons to be appointed under that paragraph:

 (a) in consultation with the trade unions set out in Schedule 2; and

 (b) on the basis of their qualifications and experience in the construction industry.

8 Meetings of the Council — quorum

  For the purposes of subsection 6 (2) of the Act, the prescribed number of members is 18.

9 Entitlement of certain Board members to allowances

  For the purposes of section 31 of the Act, the prescribed allowances of a Board member (other than the Chief Executive Officer or a member mentioned in paragraph 20 (b) of the Act) for each day on which that member is engaged with the authority of the Board on Board business, if the member is required to be absent overnight from his or her usual place of residence, are:

 (a) in the case of business in Sydney — $230; and

 (b) in the case of business in the capital of a State or Territory other than Sydney — $190; and

 (c) in any other case — $145.

11 Reports by Agency

 (1) The report to be prepared by the Agency under subsection 55 (1) of the Act must include a description of progress toward implementation of the Construction Industry In-principle Reform and Development Agreement.

 (2) For the purposes of subsection 55 (1) of the Act, the prescribed periods are:

 (a) the period of 6 months commencing on 1 January in a year; and

 (b) the period of 6 months commencing on 1 July in a year.

 (3) For the purposes of paragraph (2) (a), the period from the commencement of these Regulations to 1 January 1993 is taken to be included in the period beginning on that day.

Schedule 1 Industry bodies prescribed under paragraph 6 (1) (e) of the Act

(regulation 5)

 

 

1.

The Association of Consulting Architects, Australia

2.

The Association of Consulting Engineers, Australia

3.

Australian Chamber of Commerce and Industry

4.

Australian Earthmovers and Road Contractors’ Federation

6.

The Australian Institute of Building

7.

Australian Institute of Project Management

8.

Australian Plumbing and Mechanical Contractors Association

9.

The Australian Institute of Quantity Surveyors

10.

Austroads Incorporated

11.

Building Owners and Managers Association of Australia Limited

12.

Construction Industry Engineering Services Group

13.

Heavy Engineering Manufacturers’ Association

14.

Master Builders Australia

15.

Metal Trades Industry Association

16.

The National Building and Construction Council

17.

National Electrical Contractors Association

18.

National Public Works Council

19.

The Royal Australian Institute of Architects


Schedule 2 Trade unions prescribed under paragraph 6 (1) (g) of the Act

(regulation 7)

 

 

3.

Automotive, Food, Metals and Engineering Union

4.

Construction, Forestry, Mining and Energy Union

5.

Electrical Electronic Plumbing and Allied Workers’ Union of Australia

6.

The AWU-FIME Amalgamated Union

 

Notes to the Construction Industry Reform and Development Regulations

Note 1

The Construction Industry Reform and Development Regulations (in force under the Construction Industry Reform and Development Act 1992) as shown in this compilation comprise Statutory Rules 1992 No. 356 amended as indicated in the Tables below.

Table of Statutory Rules

Year and
number

Date of notification
in Gazette

Date of
commencement

Application, saving or
transitional provisions

1992 No. 356

9 Nov 1992

9 Nov 1992

 

1993 No. 230

26 Aug 1993

26 Aug 1993

1994 No. 336

11 Oct 1994

11 Oct 1994

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

R. 10................

rep. 1993 No. 230

Schedule 1

 

Schedule 1............

rs. 1993 No. 230

 

am. 1994 No. 336

Schedule 2

 

Schedule 2............

rs. 1993 No. 230

 

am. 1994 No. 336

 

 

Overview

The Construction Industry Reform and Development Regulations, which were made under the Construction Industry Reform and Development Act 1992, aim to provide a structured framework for the reform and development of Australia's construction industry. These regulations, as amended, were prepared by the Office of Legislative Drafting, Attorney-General’s Department, and are designed to ensure effective governance and coordination within the industry. The enacting body for these regulations is the Australian Parliament. The overarching policy objective is to foster a collaborative and efficient construction sector by establishing a council comprising representatives from various stakeholders, including the Commonwealth, the states and territories, industry bodies, the Australian Council of Trade Unions, and trade unions. This regulatory framework seeks to address gaps in industry coordination, representation, and the implementation of industry reform initiatives.

Scope and Application

The Construction Industry Reform and Development Regulations 1992, made under the Construction Industry Reform and Development Act 1992, apply to the construction industry in Australia, aiming to facilitate reform and development within this sector. The Regulations detail the membership and operational aspects of the Council, which is tasked with overseeing the implementation of the Construction Industry In-principle Reform and Development Agreement. The Council comprises members representing the Commonwealth, the states and territories, industry bodies, the Australian Council of Trade Unions, and construction industry trade unions. The industry bodies and trade unions are prescribed in Schedules 1 and 2, respectively. The Regulations also establish the quorum requirement for Council meetings, the allowances for Board members, and the reporting requirements for the Agency. The geographic reach of these Regulations is national, given their purpose to affect the construction industry across Australia. The Regulations may be further extended or modified by subordinate instruments, such as amendments to the schedules listing prescribed industry bodies and trade unions.

Key Provisions

The Construction Industry Reform and Development Regulations (1992 No. 356) are subsidiary legislation made under the Construction Industry Reform and Development Act 1992. They detail the membership and operation of the Construction Industry Reform and Development Council. The Regulations prescribe the number of Council members representing the Commonwealth, the States and Territories, industry bodies, trade unions, and the Australian Council of Trade Unions (section 3-7). The Minister must select Council members based on their qualifications and experience in the construction industry, in consultation with relevant parties (section 4-7). The Regulations also establish the quorum for Council meetings, which is 18 members (section 8). Allowances for Board members attending meetings outside their usual place of residence are prescribed, with different amounts based on the location of the meeting (section 9). The Regulations impose obligations on the Minister to select Council members based on their qualifications and experience, in consultation with relevant parties (section 4-7). The Agency has an obligation to prepare reports on progress toward implementing the Construction Industry In-principle Reform and Development Agreement, to be submitted every six months (section 11). The Regulations also prescribe the industry bodies and trade unions that are represented on the Council (Schedule 1 and Schedule 2). There are no explicit offences, penalties, or consequences for breach outlined in the Regulations. However, failure to comply with the requirements for selecting Council members or preparing reports could potentially lead to legal challenges or adverse findings if the Act or Regulations are challenged in court. The Regulations focus primarily on setting out the operation of the Council and the Agency rather than prescribing sanctions for non-compliance.

Legal classification tags

Area of Law
Corporate Law & Governance
Instrument
Statutory Instrument
Concepts
Definitions & Interpretation
Membership of the Council
Reporting & Disclosure Obligations
Allowances

Interactions

Authorises

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.